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l §110-9. Categorical approval. The COMMISSION §110-11. Validity and separability. The provisions may determine from time to time after a public hear- of this Chapter shall be deemed to be separable. if any ing, duly advertised and posted at least fourteen (14) of its provisions, sections, subsections, sentences or days in advance in a conspicuous place in Town Hall clauses shall be held to be invalid or unconstitutional by and in a newspaper of general circulation in Mashpee any court of competent jurisdiction,the remainder of this that certain categories of EXTERIOR ARCHITEC- Chapter shall continue to be in full force and effect:, TURAL FEATURES, STRUCTURES or BUILD- INGS under certain conditions may be CON- Or take any other action relating thereto. STRUCTED or ALTERED without review by the COMMISSION without causing substantial deroga- Submitted by Historic District Study Committee tion from the intent and purpose of this Chapter. Explanation: Article 12 approved at the October 6, §110-10. Enforcement and penalties. 1997 Annual Town Meeting authorized a Historic District Study Committee, under the provisions of A. The COMMISSION shall determine Chapter 40C of the Massachusetts General Laws, to whether a particular activity is in vio- investigate and report to Town Meeting regarding the lation of this Chapter or not, and the establishment of a historic district in the traditional COMMISSION shall be charged with Mashpee village center area, and to provide a map of, the enforcement of this Chapter. and proposed by-law for, the proposed district. The Committee has completed its work, with the assistance B. The COMMISSION, upon a written of the Planning Department and the Public Archaeology complaint of any resident of Mashpee Lab, a historic district consultant, and recommends the or owner of property within Mashpee creation of a Local Historic District generally described or upon its own initiative, shall insti- as located along Main Street (Route 130) between the tute any appropriate action or pro- former Ma Glockner's Restaurant /VFW property and ceedings in the name of the Town of Cotuit Road and along Great Neck Road North between Mashpee to prevent, correct, restrain Meetinghouse Road and Main Street. This article or abate violation of this Chapter. In amends Chapter 3 of the Town's General By-laws to the case where the COMMISSION is create a Historic District Commission to oversee the requested in writing to enforce this district and adds a new Chapter 110 establishing its Chapter against any person allegedly boundaries and specifying regulations for Commission in violation of same and the COM- review of development within the district. MISSION declines to act, the COM- MISSION shall notify, in writing, the Motion made and passed to dispense with reading party requesting such enforcement of of article 8:01pm any action or refusal to act and the reasons therefore, within twenty one The Board of Selectmen recommends approval by j (21) days of receipt of such request. a vote of 5-0. C. Whoever violates any of the provisions The Finance Committee recommends approval by I' of this Chapter shall be punishable by a a vote of 6-0. fine of up to $300.00 for each offense. Each day during any portion of which Planning Board voted at a Public Hearing held on such violation continues to exist shall September 19,2007 4-0 to recommend approval, constitute a separate offense. " Motion made by Selectman Theresa Cook. D. The COMMISSION may designate the Building Inspector of the Town of Motion: I move Article 21 be voted as printed in the Mashpee,or another Town Official,to warrant, with the exception of the phrase, ,or take any act on its behalf and to enforce this other action relating thereto". Chapter under the direction of the COMMISSION. Motion passes at 8:16 PM. 90